Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-05-26

Ehs D@xresp0m@encs Between Epeln-
ware and Nesv Dorsey Executives
Following Is copy OF part OF the cor,
respondence bttwcen Governor Green Of
New Jersey AID Eiwood a. Norny, Fish
Commissions Of this State, in regard 10
the rights of the fishermen OF the two
states In the waters of the Delaware bay
ODESSA, DEL, May l6. 1887 TO His Er-
cetieney, Governor Green, Trenton, ~ u,
My Dear SIr.-Your kind and courteous
letter OF tho 10th inst. was drly received
and submitted to the consideration Of Gov
ernor Biggs OF this State and we mutually
join In sending our thanks In return.
would not have deemed II necessary to
nave replied except that you enclosed
Herewith the report of the Honorable John
Z. Stockton, attorney-general of your atata,
10 governor Albeit OF August i2th, 1886,
containing his opinion and the correspon-
dence between him and the Hon. John ii.
Paynter, Attorney-General Of this State, IN
regard TO the locating Of the head OF the
Delaware bay In which opinion thnre IL twu
sentences marked for my especial att, ntiun.
The pnrport OF these ara that In tho
opinion OF Attorney denorul Stockton Il h,
au open question whether the states have
the full control OF their inland waters 81
iar aa tins taking of running fish ~ con
cerned, without coming In contact with the
bottom soil.
do not propose to discuss this question,
Tor there seems, In my opinion, no necss-
stty to do no, Us the mode OF fishing Ia now
done by the fishermon of tho two states In
the Delaware hay.
There Is u more slmpliied matter enter
ing Into the question tnat ATTORNEY Gauertll
Stockton may have overlooked.
do not suppose he will claim tho right
OF one state to trespass on the soil OF
another state without her consent thereto.
He may not be aware that the fishing as
done by both states In the Delaware Is for
the nets to drag the bottom soil and they
freely pick up oysters, eonks and other mat
tors attached TO the soil and so long as that
is the mode of taking fish by both the
states There seems TO be no necessity to dis
euss the question OF king running fish
without coming in contact with the bottom
soil. Yours most respectfully,
Ei4woop Il NonNY,
Fish Commissioner for Delaware.
Tho two sentences referred to-: 1. The
position of the fishery question in Della
ware bay below the line which has been
fixed as division line, remains un-
changed. The authorities of Delaware,
while claiming that the boundary Of the
State OF Delaware was the middle of the
channel, and that the operation of their
laws was only confined by that limit,
stated that no citizen Of New Jersey
would he mol.sLe for fishing in any part
of the bay beyond the Delaware side Of
the channel.
The statutes OF Delaware prohibit the
taking of running fish within these limits
although there shonld be no interference
with the soil The statute law OF New
jersey protects oyster beds within her
territorial limits because they are at.
tached to the soil of which she is the pro-
prietor. Whether any state has the
right to claim the exclusive privilege of
taking running fish ; the great nayigable
rivers, bays and seas within the fauces
terre is o question of great doubt and
delicaoy.
2. This was not however matter which
either the executive of Delaware or of
New Jersey could regulate and they did
not attempt to do 30. II is a question
which, when il arises must be determined
ON constitutional grounds by the tri-
bunals established for that purpose or be
settled by the States by treaty with the
consent of Congress.